Font Size: a A A

The Disclosure Obligation Under The Principle Of Utmost Good Faith In Insurance

Posted on:2015-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:L S LiFull Text:PDF
GTID:2296330464455797Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays, the insurance industry is in a period of rapid development, but at the same time the growing number of insurance disputes, particularly on issues of mutual rights and obligations, which had make us to reflection, the relevant system of insurance law. Insurance is a business risk industries, the characteristics of this industry need insurers to estimate the risk accurately.But regardless of the technical conditions backwardness of the past or in the more developed today, the insurer knowledge of the subject-matter insured is still largely dependent on the behavior of policyholders informed, and in order to estimate the risk. But the Inform behavior with great subjectivity, coupled with the judge whether to fully implement the obligations of the difficult to form an objective standard, so that in the insurance practice often appear the case of insurance mutual buck-passing. To enable to better assess the risks, regulate the rights and obligations of both parties to the insurance contract, continue to promote the sound development of the insurance industry, national insurance legislation will inform all obligations of the insured as an important system be specified. Our country’s "Insurance Law" obligation to inform policyholders also made relevant regulations. However, with the increasing development of the insurance business activities of the obligation to inform the relevant legal norms is increasingly revealing its shortcomings, there are many questionable and needs improvement.Here we have to recognize the importance of Insurance in our real life, precisely, because of the insurance, our economic life can maintain necessary stability, and to avoid the appearance of ups and downs situations, at the same time makes to study of the relevant insurance system becomes necessary, particularly those duty of disclosure system which involving the principle of utmost good faith. In this regard, after analyzes the ulmost e good faith, make a systematic analysis On the scope of disclosure, using of comparative methods, Learn from the experience of other countries on the Insurance Law,, combined with relevant typical case, from the perspective of the insurance practice, analyzes of insurance disputes which we often met in practice, hoping to divert through the dual theory and examples provide some rationalization of reference for future development of insurance.
Keywords/Search Tags:Principle of Utmost Good Faith, Duty of disclosure in insurance, Legal consequences
PDF Full Text Request
Related items